my husband has full custody of his 6yr old.
>
> mom has been labeled drug addict by the judge and ordered to supervised
visitation by her mother every sat from 9-6 no overnights.
>
> it has been this way for over a year.
>
> mother moved to Virginia as soon as she got out of jail. which was over a year
ago.
>
> she sees my ss once or twice a month when shes down in fl. her mother
"vacations" in fl every once in awhile but due to her husbands illness has
stayed put in va. so my husband supervises the visits. not form 9-6 but for an
hr or 2.
>
> mother is taking my husband back to court because she wants a permanent
parenting plan in which she gets my ss flown to Virginia for half the summer and
half of Christmas. she also wants unsupervised visits when she is in fl.
>
> my ss is an a honer roll student and lives with me in my husband in our OWN
home with my husbands and i's 3 little girls. my husband has a stable job and
has been there for years.
>
> my ss mom owes 15,000 in child support. says she runs a pet sitting business
from her duplex in Virginia. has no license due to non payment of child support.
still lives with her drug user boyfriend the judge told her she probably stay
away from being a drug addict and all.
>
> what are the chances of the judge granting her request? what usually happens
when a parent moves out of state? especially when their a drug addict?
>

Re: Non Custodial Parent is a Drug Addict and Moved Out of State

A judge will always do what is in the best interest of the child, if you can prove the mother isn't fit to have the child unsupervised and it wouldn't be in the child's best interest you'll be able to keep supervised visits. However, if the mother can prove she is drug free and able to mental handle the child during non-supervised visitation she will and should get to she her child. Child support and past due child support have nothing to do with custody and visitation; just because she is past due doesn't mean the judge will prevent visitation.

You have not shared the content of mom's petition, so we don't have any way of knowing what factual basis she is presenting for why the court should modify its order. With a six-year-old child, who cannot do much to fare for himself or defend himself if things go badly, I would expect a judge to exercise caution.

If you can prove that mom is not compliant with her present visits, is living with a person that the court has ordered to have no contact with the child, continues to use illicit substances, and doesn't have a suitable living space in which the child can stay during visits, it doesn't seem at all likely that she would prevail. If she's marginally employed or unemployed, it would seem fair to propose that if she wants longer visits she should first fully and consistently exercise the parenting time she already has.

How does she propose the child will get back and forth from Florida to Virginia? If by car, does mom have a valid driver's license? A safe, insured vehicle? (A booster seat?)

she is simply saying that my husband is not allowing her to see their son when she is in fl. her parents are supposed to be doing the supervising but are snowbirds and because of their health have not been into fl but maybe 3weeks out of this whole year. and when they were here my husband dropped his son off at the fl residence. other than that the mom drives down with her bf every couple of weeks. and my husbands will meet her at a park or chucky cheese for an hour or two. we take pics of my ss and his mom at every visit as proof.

mother willing says she and her parents no longer live here. so that we really don't have to prove. but we do have her business license from her at home pet sitting business in va. and it has her bf name on it as well. so check and check.

we cant prove she is still using drugs.but she isnt in meetings or aa or anything the judge suggested she should do. she says she takes random drug test and has those as proof. but the judge has already told her a negative drug test here and there means nothing. that it takes a life time to stay clean.

she owes 15,000 in child support and wants my husband to split the cost of a plane ticket to va. she doesnt have a valid license because of her non payment of child support. her bf has a car but im not sure if its insured. and i doubt she owns a booster.

she got caught selling oxy to an undercover cop. they actually set up a sting operation on her. she brought 6 pills of oxy to sell even though the cop asked for 5. then when he said he didnt have enough money for the 6th she crushed it up and snorted it up her nose in front of him and on tape. they took the remaining pills. tested them then set up another meeting a couple day later to arrest her. she stayed in jail for a couple months. got out on house arrest. failed a drug test with cocaine in her system and went back to jail for 7months. thats when we got the supervised visits. but she was last in jail in 2010. and has lived in va since 2011. hasnt been to jail since but we can see the signs of her drug abuse.

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